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Planning Board explores contracting stormwater enforcement, funding options
Summary
Members discussed a revised stormwater bylaw draft and whether enforcement should be handled by town staff, contracted peer reviewers, or a dedicated contractor funded by stormwater/permitting fees; concerns included RFP thresholds and possible conflicts if the same firm does peer review and enforcement.
At its Feb. 26 meeting the Lakeville Planning Board reviewed a revised stormwater management bylaw draft and a response to the Conservation Commission's January 20 memo, and members focused on how enforcement would work if the bylaw is adopted.
The town planner provided the revised draft and noted comments have been circulated to building, DPW, conservation, board of health and the select board. Board members asked whether enforcement could be subcontracted to a third party and whether fees associated with stormwater permits or planning board fees could seed a revolving fund to pay for enforcement year to year. One member observed that typical procurement rules would require an RFP for work that exceeded $10,000.
Members also raised the possibility that the same engineering firms used for peer review could present a conflict if hired later for enforcement, and asked Serped (the consultant) to clarify how other towns handle enforcement and whether a separate enforcement contractor is advisable. "We do peer review, but then I guess it's hired from the town... so that's why we would need to at least have a way of funding the enforcement," a member said while discussing who pays and how funds are returned at project close.
The board directed Clerk Kathy Murray to contact Serped for recommendations about enforcement models, funding mechanisms and procurement constraints. No formal vote was taken on the bylaw text; the item was continued to the March 12 meeting where the board expects to see a draft from Serped and prepare comments.
Next steps: staff will obtain model enforcement approaches from the consultant and circulate the revised draft before March 12 so members may prepare questions and comments.
